icon on On June 30, 2025, the United State Supreme Court granted certiorari in Cox Communications Inc. et al. v. Sony Music Entertainment et al., No. 24-171, a case that may significantly redefine the contours of secondary liability for internet service providers (ISPs) under U.S. copyright law. The Court’s decision to hear the case follows a Fourth Circuit ruling affirming Cox’s liability for contributory copyright infringement, resulting in a $1 billion jury verdict.
Background and Legal Significance
The litigation arises from allegations that Cox failed to take adequate action against its subscribers whom Sony claims repeatedly used Cox’s internet provision services in the unauthorized downloading of copyright-protected music. Recently, the Court of Appeals for the Fourth Circuit upheld the jury’s finding of contributory infringement but reversed the vicarious liability determination, concluding that Cox did not financially benefit from the infringing conduct and ordered the trial court to revisit damages. Subsequently, Cox petitioned the Supreme Court to review the Fourth Circuit’s decision.
The Supreme Court’s review is expected to clarify the standards for contributory infringement in the ISP context, particularly regarding the doctrines of intent and willful blindness under the Digital Millennium Copyright Act. The case presents the Court’s first opportunity in decades to revisit the scope of secondary liability since its 2005 decision in MGM Studios Inc. v. Grokster, Ltd.
A Landmark Case in the Post-Breyer Era
This case is poised to be the most consequential copyright decision since the retirement of Justice Stephen Breyer, who was widely regarded as the Court’s leading voice on copyright law. Justice Breyer authored several pivotal copyright-related opinions, including the majority opinion in Google LLC v. Oracle America, Inc. (2021), which held that Google’s use of Java API code constituted fair use, and his influential dissent in Eldred v. Ashcroft (2003), where he warned against the dangers of overextending copyright terms. His absence may shift the Court’s interpretive approach, making this decision particularly significant for the future of digital copyright enforcement.
Implications for ISPs and Copyright Stakeholders
A Supreme Court ruling affirming the lower Court’s decision could impose heightened obligations on ISPs to monitor and act upon infringement notices, potentially requiring termination of user accounts based on unverified allegations of copyright infringement. Conversely, a decision narrowing liability could limit the enforcement tools available to copyright holders. This case is poised to attract substantial amicus participation and will be closely monitored by stakeholders across the technology, telecommunications, music, and entertainment sectors.
Howard & Howard’s Copyright and Intellectual Property practice is well-positioned to advise clients on the evolving legal landscape surrounding digital copyright enforcement and ISP liability. Our attorneys provide strategic counsel on compliance with the DMCA, litigation defense, and proactive copyright protection. To learn more about our copyright and intellectual property services, please contact Caleb L. Green at clg@h2law.com or (702) 667-4832.